Notice to Rating Agency. (a) The Trustee shall use its best efforts promptly to provide notice to each applicable Rating Agency and each Certificateholder with respect to each of the following of which it has actual knowledge, except that no notice specified below need be sent to any such Certificateholder or each applicable Rating Agency if already sent pursuant to other provisions of the Pooling and Servicing Agreement:
(i) any amendment to the Pooling and Servicing Agreement or any agreement assigned to the Trust;
(ii) the occurrence of any Event of Default involving the Master Servicer that has not been cured or waived;
(iii) the resignation, termination or merger of the Depositor, the Master Servicer or the Trustee;
(iv) the purchase or repurchase or substitution of Assets pursuant to Section 2.05 hereof; -66- 71
(v) the final payment to the Certificateholders;
(vi) any change in the location of the related Certificate Account or the Distribution Account;
(vii) any event that would result in the inability of the Master Servicer to make Advances regarding the related Assets;
(viii) any change in applicable law that would require an assignment of a Mortgage, not previously recorded, to be recorded in order to protect the right, title and interest of the Trustee in and to the related Mortgaged Property or, in case a court should recharacterize the sale of the related Asset as a financing, to perfect a first priority security interest in favor of the Trustee in the related Asset; or
(ix) any change in the Depositor's or the Master Servicer's name or place of business or the relocation of the Master Servicer Mortgage Loan Files to a location outside the State of California or the relocation of the Trustee Mortgage Loan Files to a location outside of the state where they are originally held by the Trustee or its Custodian.
(b) The Master Servicer shall promptly notify the Trustee of any of the events listed in Section 11.07(a) hereof of which it has actual knowledge. In addition, the Trustee shall furnish promptly to each Rating Agency, at its address set forth in the Pooling and Servicing Agreement, copies of the following:
(i) Each Remittance Report; and
(ii) Each Officer's Certificate supplied by the Master Servicer to the Trustee and the Certificateholders pursuant to Section 3.12 hereof.
(c) Any notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid or by expre...
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(a) Any material change or amendment to this Agreement;
(b) The occurrence of any Master Servicer Event of Default that has not been cured or waived;
(c) The resignation or termination of the Master Servicer or the Trustee;
(d) The repurchase or substitution of Mortgage Loans pursuant to or as contemplated by Section 2.03;
(e) The final payment to the Holders of any Class of Certificates;
(f) Any change in the location of the Collection Account or the Distribution Account;
(g) Any event that would result in the inability of the Trustee, were it to succeed as Master Servicer, to make advances regarding delinquent Mortgage Loans; and
(h) The filing of any claim under the Master Servicer's blanket bond and errors and omissions insurance policy required by Section 3.14 or the cancellation or material modification of coverage under any such instrument. In addition, the Trustee shall promptly furnish to the Rating Agency copies of each report to Certificateholders described in Section 4.02 and the Master Servicer, as required pursuant to Section 3.20 and Section 3.21, shall promptly furnish to the Rating Agency copies of the following:
1. Each annual statement as to compliance described in Section 3.20; and
2. Each annual independent public accountants' servicing report described in Section 3.21. Any such notice pursuant to this Section 11.07 shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by first class mail, postage prepaid, or by express delivery service to Moody's Investors Servixx, Xxx., 99 Church Street, New Yxxx, Xxx Xxxx 00000, Xxxxxxxxx: Xxxxxxxxxxl Mortgage Surveillance Group, and Fitch Ratings, One State Street Plaza, Xxx Xxxx, Xxx Xxxx 00000, xx xxxx xxxxx xxxxxxxes as each such Rating Agency may designate in writing to the parties hereto.
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(i) any change or amendment to this Agreement;
(ii) the occurrence of any Administrative Agent Termination Event;
(iii) the resignation or termination of an Administrative Agent, if any, or the Trustee;
(iv) the appointment of a successor Trustee;
(v) the final payment to Holders of the Certificates of any Class;
(vi) any change in the location of the Certificate Account; and
(vii) any event that would result in the inability of the Trustee to make Advances. In addition, the Trustee shall promptly furnish to each Rating Agency copies of each report to Certificateholders described in Section 4.2 and the Administrative Agent, if any, or otherwise the Trustee shall promptly furnish to each Rating Agency copies of the following:
(i) each annual statement as to compliance described in Section 3.15; and
(ii) each annual independent public accountants’ servicing report described in Section 3.1(c). Any such notice pursuant to this Section shall be in writing and shall be deemed to have been duly given if personally delivered or mailed by first class mail, postage prepaid, or by express delivery service to each Rating Agency at the address specified in the applicable Series Supplement.
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(i) any change or amendment to this Agreement;
(ii) the occurrence of any Administrative Agent Termination Event;
(iii) the resignation or termination of an Administrative Agent, if any, or the Trustee;
(iv) the appointment of a successor Trustee;
(v) the repurchase or substitution of Underlying Securities, if any, pursuant to Section 2.3;
(vi) the final payment to Holders of the Certificates of any Class;
(vii) any change in the location of the Certificate Account; and
(viii) any event that would result in the inability of the Trustee to make Advances. In addition, the Trustee shall promptly furnish to each Rating Agency copies of each report to Certificateholders described in Section 4.2 and the Administrative Agent, if any, or otherwise the Trustee shall promptly furnish to each Rating Agency copies of the following:
(i) each annual statement as to compliance described in Section 3.15; and
(ii) each annual independent public accountants' servicing report described in Section 3.
Notice to Rating Agency. Promptly upon receipt of any amendment, consent, modification, supplement or waiver contemplated by this Article IX and prior to taking any action required to be taken thereunder, the Subordination Agent shall send a copy thereof to each Rating Agency.
Notice to Rating Agency. On or before the twentieth Business Day ----------------------- prior to the Removal Date, the Rating Agency shall have received notice of such proposed removal of Accounts.
Notice to Rating Agency. The article and section headings herein are for convenience of reference only, and shall not limited or otherwise affect the meaning hereof. The Trustee shall promptly provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
1. Any material change or amendment to this Agreement or the Servicing Agreements;
2. The occurrence of any Event of Default that has not been cured;
3. The resignation or termination of the Master Servicer, the Trustee, the Delaware Trustee, the Custodian or the Securities Administrator;
4. The repurchase or substitution of Mortgage Loans;
5. The final payment to Certificateholders; and
6. Any change in the location of the Master Servicer Collection Account or the Distribution Account.
Notice to Rating Agency. The Trustee shall use its best efforts promptly to provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
(i) any change or amendment to this Agreement;
(ii) the occurrence of any Administrative Agent Termination Event;
(iii) the resignation or termination of an Administrative Agent, if any, or the Trustee;
(iv) the repurchase or substitution of Term Assets, if any, pursuant to Section 2.3;
(v) the final payment to Holders of the Certificates of any Class;
(vi) any change in the location of the Certificate Account; and
(vii) any event that would result in the inability of the Trustee to make Advances. In addition, the Trustee shall promptly furnish to each Rating Agency copies of each report to Certificateholders described in Section 4.2 and the Administrative Agent, if any, or otherwise the Trustee shall promptly furnish to each Rating Agency copies of the following:
(i) each annual statement as to compliance described in Section 3.15; and
(ii) each annual independent public accountants' servicing report described in Section 3.
Notice to Rating Agency. The Trustee shall give written notice to any Rating Agency then rating the Bonds if (i) a successor Trustee is appointed hereunder, (ii) if this Bond Indenture, the Loan Agreement, any Remarketing Agreement, any Credit Facility or any Liquidity Facility is amended or supplemented in any material manner, or, if any of such documents are amended with the consent of the Credit Facility Providers (if any), (iii) if a Liquidity Facility or Credit Facility expires, is terminated, substituted, or is extended, (iv) if a successor Remarketing Agent is appointed, (v) if the Bonds are paid and this Bond Indenture defeased pursuant to Section 10.01, (vi) if the Bonds of any subseries are accelerated pursuant to Section 7.02, or (viii) if the Bonds are redeemed in whole or in part pursuant to Section 4.01 or are subject to mandatory tender pursuant to Section 4.08 or 4.10, provided that the Trustee shall incur no liability for failure to give any such notice.
Notice to Rating Agency. The Trustee shall use its best efforts to promptly provide notice to the Rating Agency with respect to each of the following of which it has actual knowledge:
1. Any material change or amendment to this Agreement;
2. The occurrence of any Event of Default that has not been cured;
3. The resignation or termination of the Master Servicer or the Trustee;
4. The repurchase or substitution of Mortgage Loans;
5. The final payment to Certificateholders; and
6. Any change in the location of the Certificate Account. In addition, in accordance with Section 6.06 and Section 3.16, the Trustee and the Master Servicer, respectively, shall promptly furnish to the Rating Agency copies of the following:
1. Each report to Certificateholders described in Section 6.06; and
2. Each annual independent public accountants' servicing report received as described in Section 3.16.
